Originally published at: Colorado town to pay $400k settlement to man falsely arrested for DUI | Boing Boing
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again, with feeling: ACAB
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This is actually a good example of why you should refuse roadside sobriety tests, even if you are confident you are not impaired. The roadside tests are so subjective that they will almost always support probable cause for an arrest, which lets the officers off the hook, legally, if it is later determined that the individual was not on alcohol or drugs. Here, the man refused the roadside tests, and doing so is likely what got him arrested, but that is insufficient to support probable cause, which these cops just found out.
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I don’t understand the reason for this stop; the driver is clearly sober white?!
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Doing so can get you an automatic suspension of your driver’s license in most states. You would think the laws would be written to just be requiring you to take a sobriety test (calibrated brethalyzer at station, blood test, etc), but no, they’re written in such a way that they refer to a roadside test.
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Refusal of a roadside breathalyzer can result in an automatic suspension. I’m not sure about roadside sobriety tests (touching your nose, etc). Regardless, every lawyer I’ve ever heard speak on the matter has said you are still better off refusing such tests, including the roadside breathalyzer. They are notoriously inaccurate and subjective and can result in a conviction even if you aren’t impaired.
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The stop was fine, assuming he did change lanes without signaling and was driving way below the speed limit. It’s everything after that that’s problematic.
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More accurate:
She says officers who make the most money are honored
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In Canada, refusal to take a roadside breathalyzer test will get you an automatic impaired driving conviction. The only way to beat that charge is to go to court and prove a respiratory or other condition that precludes blowing for a successful test.
It looks like refusing the breathalyzer in Canada results in a conviction of exactly that:refusing a breathalyzer. But that conviction carries the same penalties as a DUI conviction, so there’s no substantive difference.
I want to be clear that in the US, I’m talking specifically about refusing roadside sobriety tests, including roadside breathalyzers. The field sobriety tests are highly subjective, and roadside breathalyzers are not that accurate. In the US, you can refuse these tests, although doing so may result in automatic license suspension. The breathalyzers they have at the police station are more accurate and those i don’t think you can refuse. Or, you sometimes have the option between that and a blood test, but as long as they have probable cause for the arrest, they can demand the test. It’s only the roadside tests I’m saying most lawyers recommend refusing.
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… of course, most people need that unsuspended license to live their lives, or they wouldn’t have been driving in the first place
An automatic suspension may look like a worse consequence than rolling the dice on the DUI 
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Again, lawsuit payments should come out of LE pension/union funds and not from the taxpayers. I’ll guarantee a 50% drop in LE bullsh**.
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